Court Upholds Loss of Earning Capacity Determination for Worker With No Reduction in Income

A New York appellate court ruled that an injured worker was entitled to a determination of her lost wage-earning capacity even though she had not suffered any actual loss of income. Case: Matter of Oyola v. New York City Department of School Food & Nutrition Services, No. 524511, 01/18/2018, published. Facts: Olga Oyola worked for the New York City Department of School Food & Nutrition Services as a cafeteria worker. She tripped and fell while at work, injuring her back, elbow, knee and shoulder. Procedural history: A workers’ compensation law judge found the injuries had...